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SC issues notice to UP and
CBI in Ayodhya case

The Supreme Court on Monday issued notices to the Uttar Pradesh government and the Central Bureau of Investigation on two petitions challenging an Allahabad high court order quashing the framing of charges against three Union ministers and some top Vishwa Hindu Parishad leaders in the Babri Masjid demolition case.

A bench comprising Justice G B Pattanaik and Justice N Santosh Hegde gave four weeks' time to the state government and the investigating agency to file their response to the petitions filed by columnist Kuldip Nayar and the Society for Justice, an NGO.

The petitioners have challenged the February 12 order of the Lucknow bench of the Allahabad high court quashing the framing of charges against three Union ministers -- Lal Kishenchand Advani, Murali Manohar Joshi and Uma Bharati - and some top VHP leaders.

The high court held that the state government notification issued on October 8, 1993 was invalid, hence it did not "confer any jurisdiction upon the courts below to take cognisance, commit and try the case relating to FIR 198/92 under Section 153-A, 153-B and 505 of the Indian Penal Code."

It had also said: "However, the mistake in issuing the said notification of October 8, 1993 is curable and it is open for the state government to cure the legal infirmity."

The petitioners are now seeking directions from the apex court to the state government to take necessary steps to correct the mistake pointed out by the high court so that those accused in the case persons could be tried.

The Centre on August 16, 1993 had entrusted the investigation into the demolition of the disputed structure to the CBI and through two notifications issued on September 9 and October 8.

The high court held that the trial of cases falling under the notification dated September 9 was valid.

PTI

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